How the Electoral College works
Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, spoke with City & State PA about how the Electoral College works and whether the system is a good fit for present day America. Kermit Roosevelt is the David Berger Professor for the Administration of Justice at Penn Carey Law School. He is also a member of […]
Executive orders can’t overturn constitutional provisions
A FactCheck.org article by Uzma Afreen debunking speculations that Trump’s proposed immigration policy would put his youngest son’s citizenship status in question quotes Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty. Absent a constitutional amendment, Trump cannot overturn birthright citizenship, Prof. Roosevelt explains. Kermit Roosevelt is the David Berger Professor for the Administration of Justice […]
A tribute to Alberto Mora’s commitment to the rule of law
In a letter to the editor of The Washington Post, civil servant Joel Weger urges fellow federal employees to continue upholding “lawful policies” under the next administration, citing the courage Alberto Mora, member of the CERL Executive Board, displayed in putting pressure on the George W. Bush administration to adhere to the rule of law […]
Why Secretary Austin reversed course in 9/11 case
In August, Secretary of Defense Lloyd Austin pulled out of plea agreements with three defendants on trial in the Sept. 11 case in Guantánamo. Brigadier General (ret.) John Baker, member of CERL’s Executive Board, spoke with Natalie Orpett of Lawfare in an episode of The Lawfare Podcast about the case and why the Secretary of […]
What could happen with Trump’s sentencing in the New York hush money case
CERL Faculty Director Claire Finkelstein spoke with Voice of America about what could happen with Trump’s sentencing in the case involving the Stormy Daniels hush money payment. Sentencing could be delayed until after his presidential term ends in 2029, she explains. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and […]
Gerson provides remarks at summit focused on the rule of law
Stuart Gerson, Esq., member of the CERL Executive Board, provided closing remarks at the Society for the Rule of Law’s recent summit, reflecting on the data behind the election results and the importance of the rule of law. Stuart Gerson is a Member of the Firm at Epstein Becker Green, former Acting Attorney General of […]
Can Trump stay in office beyond a second term?
A FactCheck.org article by Eugene Kiely examines whether it would be possible for President-elect Donald Trump to serve beyond the two-term limit. Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, explains that it would be difficult to repeal the amendment that sets out the presidential terms. Kermit Roosevelt is the David Berger Professor for the […]
Applying ‘just war’ theory to the war in Ukraine
Professor Jeff McMahan, member of CERL’s Advisory Council, spoke on an episode of UkraineWorld with Ukrainian philosopher Volodymyr Yermolenko about the moral principles governing war and whether the war in Ukraine is just. For more from Professor McMahan on this topic, read his interview with Aaron James Wendland of King’s College London (here). Jeff McMahan […]
Trump indicates he may direct DOJ, under the ‘unitary executive’ theory, to target critics
President-elect Trump has indicated he may use executive power to direct the Department of Justice to investigate and prosecute certain individuals. This would be a “terrible idea,” according to CERL Executive Board member Stuart Gerson, as quoted in a TickleTheWire.com article, though not illegal. Stuart Gerson is a Member of the Firm at Epstein Becker […]
Zaid advises Trump’s targets to take risk of retaliation seriously
Mark Zaid, Esq., member of the CERL Executive Board, spoke with several outlets about how he is advising clients who are concerned about retaliation in the Trump administration. For some, it would be wise to leave the country in the days around the inauguration. Mark S. Zaid, Esq., is a Washington, D.C. based attorney who […]
What happens to Trump’s charges now that he is President-elect?
CERL’s Claire Finkelstein spoke with Agence France-Presse about what might happen to Trump’s criminal charges now that he is President-elect. If Trump faces jail time in connection with the two cases in New York and Georgia, the sentencing could be deferred, she explains. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of […]
Why the DOJ should drop policy shielding sitting presidents from being indicted
Special counsel Jack Smith is making moves to wind down the federal cases against President-elect Donald Trump. In an opinion for The Hill, CERL’s Professor Claire Finkelstein urges the Department of Justice to drop long-established policy that shields sitting presidents from being indicted. While intended to protect the ability of the executive branch to carry […]
It’s time to eliminate deception as an interrogation tool
Police across the country are trained to use deceptive practices when interrogating suspects. CERL Advisory Council member Mark Fallon explains in an interview with NPR that there are better techniques for questioning people, ones that build trust in the community and source accurate information through open-ended questions. Mark Fallon is the co-founder of Project Aletheia […]
Will Trump help Mayor Adams with his corruption charges?
CERL’s Professor Claire Finkelstein is quoted in The New York Times addressing the question of whether President-elect Donald Trump would help New York Mayor Eric Adams as he battles a federal indictment. Trump could derive great benefit from aligning with the mayor of a city where he has deep financial ties, she explains. Claire Finkelstein […]
A second Trump presidency could reshape constitutional norms
In an opinion for TIME, Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, examines what a second Trump presidency could have in store for constitutional norms, provisions, and judge-made law. Efforts to eliminate the 22nd Amendment, which lays out the two-term presidential limit, are unlikely to be successful, he explains. Kermit Roosevelt is the David […]
Why Trump’s campaign for a second term met such success
CERL’s Professor Claire Finkelstein shared her reaction to the Trump win with The Daily Pennsylvania, commenting on the economic issues that fueled Trump’s victory and the sorts of Republican reforms, including bans on reproductive care and tighter border policies, that might take shape under the new administration. Claire Finkelstein is the Algernon Biddle Professor of […]
Achieving accountability for torture at Abu Ghraib
The military contractor CACI is again in federal court after a mistrial in April for a case brought by three Iraqi men seeking damages for the torture they endured while detained at the Abu Ghraib prison. In an opinion for Just Security, Brig. Gen. (ret.) Stephen N. Xenakis, M.D., reflects on the danger posed by […]
Future of the rule of law under a new administration
Professor Claire Finkelstein, faculty director of CERL, joined Liane Jackson of Forbes Breaking News to discuss alleged efforts to interfere with the election, including a series of reported bomb threats linked to Russia, the importance of reinforcing confidence in the U.S. election process, and the future of the rule of law in light of the […]
Apprehension over legal questions arising from a contested election
CERL’s Claire Finkelstein spoke with Salon about Trump’s unfounded allegations of voter fraud in Philadelphia, efforts to intimidate voters on Election Day, including deceptive bomb threats, and the role that courts might play in resolving issues tied to disputed or tight election results. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of […]
Is the Electoral College here to stay?
In a Fast Company article, Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, explains the history behind the Electoral College and argues that abolishing the system by which each state casts their designated votes in favor of a popular vote would lead to fairer elections. For more from Professor Roosevelt on the Electoral College, listen […]
Officials brace for possibility of civil unrest in the days around the election
General (ret.) Joseph Votel is quoted in a Vox article discussing the possibility of political violence in the period around the 2024 presidential election. General Joseph L. Votel, U.S. Army (Ret.), is the former Commander of the U.S. Central Command. He is a Distinguished Senior Fellow on National Security at the Middle East Institute and […]
Concern among intelligence officials about a possible second Trump term
In Foreign Policy‘s live coverage of the election, CERL Board Emeritus James Clapper, former DNI Director, shared that the intelligence community is wary of a second Trump presidency. Lt. Gen. (ret.) James Clapper is an emeritus member of the CERL Executive Board. He served as the Director of National Intelligence from 2010–2017. Read his bio here. […]
Musk’s cash payments in connection his petition raise legal questions
CERL’s Professor Claire Finkelstein is quoted in an article by Kenny Cooper of WHYY discussing a case in which Elon Musk failed to meet his promise of supplying a registered voter in Pennsylvania who signed his petition with giveaway money. There are questions around the legality of these cash payments, she explains. Claire Finkelstein is […]
Under what circumstances can the military be deployed on or around Election Day?
In a Q&A with The War Horse, CERL’s Professor Claire Finkelstein discusses the laws governing the deployment of the U.S. military for domestic law enforcement purposes on or around the presidential election. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the […]
Why election results may not be called on Election Day
CERL’s Claire Finkelstein is quoted in a Teen Vogue article explaining why the results of the presidential election may be unknown by night’s end. Delays do not imply fraud, she remarks. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the Rule […]
Experts urge preparedness for potential of civil unrest surrounding the presidential election
General (ret.) Joseph Votel joined Michel Martin of NPR’s Morning Edition to discuss key takeaways from the two tabletop exercises CERL conducted to assess readiness for scenarios involving allegations of voter fraud that delay certification of election results, in one instance, and the deployment of troops to aid local law enforcement in quelling protests, in […]
What happens with Trump’s indictment trials if he wins the election?
In an unprecedented historical moment, one of the top two presidential candidates is a convicted felon in the midst of criminal trials in federal and state courts. CERL Faculty Director Claire Finkelstein and Professor Richard Painter discuss the legal repercussions if Trump wins the election, and how a win will affect his trials and U.S. […]
Examining grey legal areas ahead of Election Day
Former President Donald Trump has suggested he will deploy the military on Election Day against what he calls “the enemy from within.” In an opinion for The Hill, CERL’s Claire Finkelstein and co-author Brenner Fissell examine the legality of using troops for domestic law enforcement purposes, pointing to findings from the tabletop exercise CERL ran […]
CERL’s tabletop exercise helps prepare for worst-case election-related scenarios
In September and October 2024, CERL hosted two tabletop exercises regarding potential civil unrest around the election and inauguration devolving into violent protests potentially stopping the vote and involving the Army and the National Guard. CERL Faculty Director Claire Finkelstein, Executive Board member General (ret.) Joseph L. Votel, and event participant Congressman Mickey Edwards discuss […]